Intellectual disabilities, domestic violence and legal engagement

Abstract

There is increasing recognition that legal responses to domestic violence can only be effective if those who implement the law – for example, child protection workers, police and magistrates – are also effective. This article draws on the narratives of women with intellectual disabilities to analyse their experiences of engaging with the legal system as a response to domestic violence. In particular, the article considers whether they have access to appropriate support to utilise the remedies afforded by the law on an equal basis to survivors without disabilities. In considering this we draw on the concept of supported decision-making, an approach recommended by the United Nations Convention on the Rights of Persons with Disabilities.

Keywords:

• Domestic violence
• intellectual disability
• legal responses

Acknowledgments

The authors acknowledge the assistance of Kathryn Thomas and the support and stories from the women of WWILD (Working Alongside People with Intellectual and Learning Disabilities Sexual Violence Prevention Association).

Notes

1. Results of the study from which the narratives are drawn and its methodology are outlined in a later section of this article.

2. Violence may continue for longer as women with disabilities tend to stay longer in abusive relationships (Smith 2008). Baldry and colleagues note that people with an intellectual disability, borderline intellectual disability and acquired brain injury are over-represented both as perpetrators and victims in criminal justice systems (Baldry et al. 2013, 222).

3. In Australia, 51% of women with a disability earn less than $200 a week (WWDA 2013).

4. The study will involve interviews with 70–80 women in total, but this article draws only on those interviews with women in the study who identified as having an intellectual disability. This study is part of a larger study and is supported by an Australian Research Council Future Fellowship Scheme [Heather Douglas: FT140100796].

5. As of 10 April 2016 WWILD (Working Alongside People with Intellectual and Learning Disabilities Sexual Violence Prevention Association) identified on its website (http://wwild.org.au/) that it undertakes counselling, group work and provides information, support and referral for women and undertakes community education and training.

6. Economic abuse is recognised as a form of domestic violence in Domestic and Family Violence Protection Act 2012 (QLD), section 8 and is very broadly defined. For an explanation of the approach to economic abuse in Queensland pursuant to the Domestic and Family Violence Protection Act 2012 (QLD), see Magistrates Court of Queensland (2015, 15).